Rule 6.12 Petitions for Commissions

If you are a fiduciary (like an executor, guardian, or trustee) and you want the court to approve payment for your work or expenses, you have to file a petition that lays out clear financial details. This petition must show how much money is in the estate overall, how much has already been paid out, how much money is left, and what kind of work you did or costs you covered to earn that payment. You also need to tell the court about any fees you were already paid earlier in the case.

The rule also sets a limit on how fees can be calculated. Fiduciaries and their attorneys cannot base their fees on the value of any real estate that is part of the estate. This means the payment has to reflect the actual work done and expenses paid, not simply a percentage of what property is worth.